Jurisdiction(s):
United Kingdom

Service out set aside in libel claim against Wikimedia: DA 2013 s8 single publication time-bars claim; s9 forum test failed; non-disclosure on without-notice application (England and Wales)

Published on: 16 October 2024

Published by a LexisNexis TMT expert

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Article summary

Parish v Wikimedia Foundation Inc [2024] EWHC 2301 (KB)

What are the practical implications of this case?

This decision offers a concise, practical roadmap to the settled principles governing permission to serve proceedings beyond the jurisdiction. In doing so, the court offered structured guidance of direct use to practitioners. The judgment addresses, sequentially, all three requirements a claimant must satisfy to obtain permission to serve out, noting that the ‘Forum Test’ was recast by DA 2013, s 9. More significantly, it is a pointed reminder of the obligation to provide full and frank disclosure of material matters on a without notice application, and the repercussions of neglecting that duty. Of particular interest is the court’s treatment of DA 2013, s 8, and whether two iterations of a Wikipedia page were materially alike. Despite stylistic differences, the defendant persuaded the court that the statements in each publication — concerning the gist of the offence, the sentence and the ban — were, in substance, the same. This may presage increased reliance by defendants on the ‘single publication’ rule and limitation where wording differs but the ‘sting’ is unchanged. What remains to be seen...

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